New South Wales Consolidated Acts

ELECTRICITY SUPPLY ACT 1995 - SECT 191

191 Regulations

(1) The Governor may make regulations not inconsistent with this Act for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to the following matters--

(b) the functions of customer consultative groups,

(d) the conditions that may be imposed on licences,

(e) the functions of authorised officers,

(e1) requirements for the marking or labelling of the connection point in relation to the premises of wholesale or retail customers,

(e2) distributor service standards for distributors, including enforcement of such standards,

(f) the obligations of an energy ombudsman under an approved energy ombudsman scheme to provide copies of reports to the Minister and to report to the Minister on the operation of the scheme,

(f1) facilitating the Government's social programs for electricity, including--

(i) the adoption of Codes with respect to the implementation of any such program in relation to a specified class or specified classes of customers, and

(ii) the payment and assessment of implementation and enforcement costs, and

(iii) the publication of Codes, and

(iv) the application of such programs to distributors, retailers, exempt sellers and other persons, and

(v) the enforcement of Codes, in particular the giving and enforcement of undertakings with respect to compliance with Codes, and

(vi) the conferral of jurisdiction on the Local Court with respect to the enforcement of undertakings,

(g) the procedures to be observed by network operators in connection with calling for tenders and the matters in respect of which network operators must call for tenders,

(g1) the development and implementation by network operators of plans designed to ensure the safe operation of their transmission or distribution systems (including plans relating to the provision of safe electrical installations for connection to distribution systems),

(g2) the development and implementation by network operators of plans designed to ensure that their transmission or distribution systems are adequate for the demand placed on them and that the supply of electricity by those systems is of an appropriate quality and level of reliability,

(h) the removal or trimming of trees by distributors,

(h1) information and returns to be provided by benchmark participants under Part 8A and scheme participants under Schedule 4A,

(h2) fees for audits and other monitoring or accreditation activities or services provided by the Tribunal or Scheme Administrator under Part 8A or by the Minister, a scheme regulator or scheme administrator under Schedule 4A,

(j) the manner in which a notice or other document that is authorised or required to be given by or under this Act is to be given.

(1A) Without limiting subsection (1), regulations may be made for or with respect to any of the following matters--

(a) the installation, use, maintenance and removal of corrosion protection systems and stray current sources, including but not limited to the following matters--

(i) the examination or testing of such systems or sources,

(ii) the approval or registration of such systems or sources,

(iii) the stamping or labelling of such systems or sources,

(iv) standards for such systems or sources,

(v) fees for the approval, registration, examination or testing of such systems or sources,

(vi) the provision of documents, reports or other information concerning such systems or sources,

(b) the keeping by network operators of books, accounts or other records,

(c) interference by persons with electrical installations or other electrical equipment,

(d) standards for the voltages to be maintained at the terminals of consumers of electricity,

(e) safety in connection with the generation, transmission or distribution of electricity,

(f) the fees to be charged by network operators for the inspection and testing of an electrical installation,

(g) the connection and disconnection of an electrical installation to a supply of electricity,

(h) the carrying out of work to remove a danger or to remedy a defect relating to the distribution or transmission of electricity,

(i) standards for electrical installations and other equipment used for or in connection with the generation or supply of electricity and for materials used in the manufacture of such equipment, and the adoption of engineering standards for such installations, equipment and materials,

(j) the supply of electricity to the distribution network by customers using renewable energy generators, including but not limited to, requiring retailers to acquire such electricity from customers or classes of customers.

(2) The regulations may, either unconditionally or subject to conditions, exempt--

(a) any specified person or class of persons, or

(b) any specified matter or class of matters,

from the operation of any one or more of sections 13, 16, 63Y and 63Z.

(2A) The regulations may exempt Rail Corporation New South Wales, Sydney Metro, Sydney Trains or Transport for NSW (or any person who operates a distribution system for or on behalf of any of those entities) from the operation of any one or more of sections 89- 91.

(3) A regulation may create an offence punishable by a penalty not exceeding 10,000 penalty units (in the case of a corporation) and 5,000 penalty units (in any other case).

(3A) The regulations may apply, adopt or incorporate (with or without modification) any publication as in force at a particular time or from time to time.

(3B) A regulation made for the purposes of subsection (1A) prevails over a regulation made under the Local Government Act 1993 , to the extent of any inconsistency.

(3C) A regulation made for the purposes of subsection (1A) binds the Crown if expressed so to do.

(4) Regulations may not be made with respect to any of the matters referred to in subsection (1) (b) unless the Minister certifies to the Governor that the Minister has consulted with the Minister for Innovation and Better Regulation and the Tribunal in connection with those regulations.